Legal Opinion · Dissent

Ballard v. Roberson

Supreme Court of South Carolina

Decided August 29, 2012No. 27161Published

1DissentJustice Pleicones

I respectfully dissent. In my view, no oppressive conduct toward a minority shareholder has occurred in this case, and the possibility of future oppression is too remote to justify an equitable remedy.

Pursuant to S.C.Code Ann. § 33 — 14—300(2)(ii) (2006), dissolution of a corporation is appropriate when a court determines that “the directors or those in control of the corporation have acted, are acting, or will act in a manner that is illegal, fraudulent, oppressive, or unfairly prejudicial ... to any shareholder.” In applying this statute, courts must exercise caution in finding conduct to…

2Cases cited3 opinions

  1. Masinter v. Webco Co.West Virginia Supreme Court · 1980
  2. Kiriakides v. Atlas Food Systems & Services, Inc.Supreme Court of South Carolina · 2001
  3. Cooke v. Fresh Express Foods Corp.Court of Appeals of Oregon · 2000

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